Snyder jury hears details of fracas

Former Roseland cop describes Penn's condition on day of council meeting.

Former Roseland cop describes Penn's condition on day of council meeting.

July 30, 2008|MARTI GOODLAD HELINE Tribune Staff Writer

SOUTH BEND -- Jurors hearing the trial of former Roseland council member David Snyder on battery and intimidation charges learned nearly as much Tuesday about Snyder's reported injuries as his alleged victim's. The jury in St. Joseph Superior Court is expected to get full details today of what Roseland Town Council member Ted Penn says happened to him Jan. 5, 2007, at the hands of Snyder. Penn has said he was covered with bruises and suffered other injuries from Snyder striking and kicking at him. Former Roseland police Capt. Larry Miller recalled that he found Penn "very emotionally upset," bleeding from his lower lip, with a knot on the back of his head when Miller arrived outside the Town Hall shortly after 5 p.m. "He said he was assaulted by David Snyder in the Town Hall," testified Miller, who also was interim town marshal at the time. Miller told Deputy Prosecutor Joel Gabrielse he had never seen Penn's clothing and hair in such disarray. Miller went into the Town Hall where he found David Snyder, his wife, Dorothy, also a former council member, and Russell Snyder, David's father. All had been attending a redevelopment commission meeting when Penn stopped by. "Mr. Snyder said he was attacked by Ted Penn," recalled Miller, who said he did not see any injuries on Snyder. Miller said he did not take a detailed report from anyone because he thought it best to refer the matter to an outside agency -- the St. Joseph County police -- to avoid appearances of bias since two council members were involved and the council hires the police. After Miller took Snyder to the county jail, he stopped by the hospital to see how Penn was. That was when Penn told him Snyder had threatened to kill him, Miller testified. County police Detective Lance Anderson testified he took statements from Snyder and another witness after the fracas. He described Snyder as cooperative when Anderson showed up at the Snyders' house without advance notice. Initially, he saw no injuries on Snyder, but Anderson said Snyder showed him his swollen right ankle so the detective photographed it as evidence. During the attorneys' opening statements, the jurors heard some of the background of the years of animosity and contentiousness in Roseland between the so-called Snyder and Penn camps. When testimony began to stray into past disputes during defense attorney Edward Hearn's cross-examination of Miller, Judge Jerome Frese instructed the jury to disregard what they heard. "While that may be very interesting, your job is to focus on who did what in 2007," Frese told the jurors. Hearn suggested that because of the ongoing disputes in town, Penn had been out to get Snyder, even telling Miller some time he wanted to see Snyder in jail. Hearn, insinuating that Penn has not been truthful in his story, maintained the state's evidence will not prove Snyder's guilt but will show what Snyder has claimed for 19 months, that he is not guilty. Snyder, 56, is charged in the misdemeanor battery charge with using his hands and feet to hit Penn, causing bruising and other injuries. The felony intimidation charge accuses Snyder of threatening to kill Penn while striking him to make Penn fear retaliation for lawful acts as a councilman.Staff writer Marti Goodlad Heline: mheline@sbtinfo.com (574) 235-6327